CURRENT PROCEDURES RELATED TO THE ISSUING OF A WARRANT

one year, and be examined and approved by two judges.321 Bill 181 of 2020 seeks to amend this framework by granting the Committee for Advocates and Legal Procurators, the ability to issue warrants.322 This is by giving the Committee the authority to determine whether the aspiring advocate is “fit and proper”. This is similar to what other jurisdictions refer to as a ‘character and fitness’ examination, where a hearing may be scheduled if there is some doubt as to the character of the applicant.

PRATTIKA

The system of pupillage, or prattika as it is more commonly known, is a professional apprenticeship that is required by people looking to obtain their warrant. It is a way by which students are introduced to the procedural aspects of the law. It offers exposure to different fields of law, and an opportunity to be passively involved with clients and in the courtroom by attending the office of a practising advocate and sittings before the Superior Courts of Malta. It is the first time law students get a taste of what it is really like to be an advocate, and is therefore a priceless piece of legal education.

Prattika must be undertaken for at least a year in order to be able to sit for the warrant exam. The 2012 bill provided for, inter alia, a register of trainee lawyers as well as certain requirements for those advocates offering training, however this has not been adopted in the new 2020 bill.323 It is also possible for trainee lawyers to complete their period of prattika in two six-month periods, in order to gain exposure in different

321 Code of Organisation and Civil Procedure Article 81. 322 An Act to amend legislation regulated the legal profession. (n 27) Article 6. 323 An act to regulate the Legal Profession and to provide for matters connected with, and ancillary thereto. 2012 [123 of 2012]; An Act to amend legislation regulated the legal profession. (n 27).

LAWYERS ACT

legal fields, however this should be planned in advance in order for the period of pupillage to be continuous.

THE WARRANT EXAM

The warrant exam is the final step before admission to the Bar of the Superior Courts of Malta. The exam is divided into two sections, the written section and the oral section. The written exam is a three hour exam where the applicant is tested on the knowledge of the law, as well as ethics and other related subjects. Following a favourable grade on the written exam, the applicant may proceed to the oral exam which is conducted by two members of the judiciary who may ask the applicant any question they wish related to law.324 Following yet another favourable grade, the judges may issue a certificate under their signature and seal confirming as such, as required under Article 81(f) of the Code of Organisation and Civil Procedure.325 Every year two sessions are held, typically in January following the University graduation and another in July, with exact dates published in the Government Gazette.326

324 ‘Warrant to practise Law in Malta’ (Chamber of Advocates Malta) <https://www.avukati.org/ warrant-to-practice-law/> accessed 24 December 2020. 325 Code of Organisation and Civil Procedure Article 81(f). 326 ‘Warrant to practise Law in Malta’ (n 33).

SCRUTINISING PROPOSED REGULATORY FRAMEOWORKS

LAWYERS ACT

INTRODUCTION

This paper was originally formulated with two aims: first, to summarise the regulatory framework of the proposed Bill327 of the Lawyers Act (published in 2012), and the ancillary framework of the Commission for the Administration of Justice Act in relation to it; second, to flag flaws, including human rights concerns, perceived in the Bill and put forward an alternative regulatory framework to remedy those evils. While this work was underway, it was brought to our attention that amendments, as yet unpublished, had been made to the Bill as it then stood, and these were incorporated into the position paper.

Recently, a new and distinct Bill328 was published that departed quite substantially from the regulatory framework and philosophy of the old Bill. The proposal has already faced comment from the Chamber of Advocates329, which claims it is a U-turn from the discussions that until then had been ongoing with the Government on the regulatory control of the profession. The main difference is the move from a separate Lawyers Act to amendments to the Code of Organisation and Civil Procedure330 and the Commission for the Administration of Justice Act, as well as the inclusion of amendments to ensure compliance with Moneyval.

Our paper thus had to be modified to address the new Bill, but our aims remained the same. We have also decided to retain the comments on the old Bill, and compare and contrast the two Bills,

327 An act to regulate the Legal Profession and to provide for matters connected with, and ancillary thereto. (n 32). 328 An Act to amend legislation regulated the legal profession. (n 27). 329 Chamber of Advocates, ‘Chamber of Advocates Press Statement’ (10 December 2020) <https://www.avukati.org/2020/12/10/chamber-of-advocates-press-statement/>. 330 Code of Organisation and Civil Procedure.